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Michigan Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Michigan on
Q: Can you file for bankruptcy if you have not filed your income tax for a few years?
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 25, 2016

You can file a chapter 7 bankruptcy without filing income taxes for the last two years if you were not required to file. For example, your income placed you below the threshold for filing. If you are required to file then I suggest that you find a cheap service and file. Failure to provide... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: If I file bankruptcy, do I have to wait until it is discharged to get married?
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

No. Feel free to get married after the case is filed. It may cause problems if you marry before the case is filed.

1 Answer | Asked in Bankruptcy for Michigan on
Q: can a 36th district judge vacate a order for adminstrative closing due to bankruptcy stay
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

After your case is closed, if you did not receive a discharge then a court can vacate an order since the automatic stay is removed once the bankruptcy case is closed.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Do you have to file bankruptcy in the county that you live in?
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

In Michigan there are 2 bankruptcy courts, Eastern District and Western District. The Eastern Court handles cases that are roughly east of Interstate 27 and the Western District is located west of Interstate 27. There are several court locations in each District. The court requires you to file... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Second mortgage included in chapter 7. After discharge was final, they then sold lien to collection. Is this legal? Also

the collection is accruing interest every month and they are reporting my delinquency for non-repayment. Is this legal?

Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

Yes it is legal. Second mortgages are secured loans on the house you live in and therefore the mortgage is not extinguished in a chapter 7 bankruptcy discharge.

1 Answer | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: became disabled declare chapter 7 bankruptcy. work on deed-in-lieu a year. today letter going forward with foreclosure

SSDI.wouldn't pay for 6 months.my HELOC company would not co-operate with my mortgager. I finally got a letter of "Forgiveness" from the HELOC company, and i notified the mortgager. but the HELOC company says the process won't be finished until april 25th or so. i have spent... View More

Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

It depends what the fees are for. If you did not reaffirm on the bankruptcy during your chapter 7 proceeding then your obligation on the mortgage and note are discharged. The mortgage itself is the lien on the property that allows them to foreclose, at their expense after your discharge. There... View More

1 Answer | Asked in Bankruptcy and Collections for Michigan on
Q: can you sue someone who is filing for bankruptcy and if so how does the bankruptcy filing affect you ability to collect.
Scott Marshall Neuman
Scott Marshall Neuman
answered on May 20, 2016

There are limited reasons for which one may sue someone in bankruptcy. It is an expensive process and the results are not always successful. In order to sue in bankruptcy one must file an adversarial proceeding within the parameters of both reasons and time restrictions. If one is successful in... View More

3 Answers | Asked in Bankruptcy for Michigan on
Q: I have a land contract with the balloon payment due in December. because of a low credit score cannot obtain mortgage

I have a land contract with balloon payment I cannot obtain a mortgage at this time because of a low credit score if I file Chapter 13 would the balloonpayment be included and spread out over a five year period. I have received several conflicting answers to this question

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 5, 2015

If you want questions answered about filing a chapter 13 bankruptcy, you should actually go to see a bankruptcy attorney for a full discussion. Have you tried to get a private investor to do the financing for you?

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3 Answers | Asked in Bankruptcy for Michigan on
Q: I was granted chapter 7 bankruptcy in 2012. A creditor was listed. Same creditor had put a lien on the property I was

renting from my parents. I do not own property, my name is nowhere associated with ownership. We just found out because they are trying to remortgage and we discovered lien. Can a creditor legally put a lien on someone else's property for a debt. If the debt is listed as discharged how do we... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2015

Unless the creditor obtained a judgment against your parents, you had an interest in the property when the lien was filed, or it is some other sort of lien (as, for example, a mechanic's lien), the lien is invalid. Whether you are personally liable for the debt is beside the point, and it... View More

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can I still file for bankrupcy after a default judgement for credit card debt?
Kevin W. Chern
Kevin W. Chern
answered on Jul 7, 2015

I think what you're really asking is whether credit card debt that has been reduced to judgment can still be discharged in bankruptcy. The answer is yes.

If you're considering bankruptcy based on a debt that has recently been reduced to judgment, don't delay in talking to a...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: How long does a bankruptcy case take?
Kevin W. Chern
Kevin W. Chern
answered on Jun 25, 2015

Typically, a Chapter 7 bankruptcy case takes about four months, though it may be longer if there are assets in dispute or other issues. A Chapter 13 bankruptcy case involves a repayment plan over a period of three to five years.

It's worth noting, though, that in most cases an...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: is collateral protected on a loan when filing bankruptcy
Robert Gambrell
Robert Gambrell
answered on Jun 14, 2015

There are not enough facts to know what you are asking. Some examples are:

If a chapter 13 bankruptcy is filed and the value of the collateral plus the interest rate required by the bankruptcy court is paid and insurance is maintained on the collateral, then you can keep that collateral...
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1 Answer | Asked in Bankruptcy for Michigan on
Q: I will file a 2nd bankruptcy in July. But, my car has broken down and still has payments . Can I buy a car now?

My car needs extensive repairs and I wanted to put the car on my bankruptcy. However, I need a car now. How will purchasing a second car affect my bankruptcy or should I wait until after I file?

Kevin W. Chern
Kevin W. Chern
answered on Jun 6, 2015

This isn't a decision you should make without speaking to a bankruptcy attorney. There are too many factors in play to make a decision based on general information. In some cases, purchasing a car before filing for bankruptcy makes sense and is a legitimate choice, while in other cases it may... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: I just got married both have prior bills can we file bankruptcy as a married couple or do we need to do it individual
Robert Gambrell
Robert Gambrell
answered on May 17, 2015

Provided you are married on the date that that the bankruptcy case is filed, you can file a joint case. The fact that you were recently married or that you have no joint debt is not a factor in the ability to file a joint case.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Is there public record to see if someone has filed bankruptcy?
David W Brown
David W Brown
answered on May 27, 2015

Bankruptcy filing information is available through PACER (Public Access to Court Electronic Records). This is a paid for service and is available for free at any bankruptcy court, but you have to physically go there.

1 Answer | Asked in Bankruptcy for Michigan on
Q: Am in Chapt 13 no longer have atty. Want to sell coop have buyer.Worth $6000. Can I sell or will trustee take money

coop listed in schedule C 11USC 522(d)(5). Only paying 22% of unsecured creditors. Value of claimed exemption is $4000.

David W Brown
David W Brown
answered on May 27, 2015

It really would depend upon when your case was filed and in what court. About a year and a half ago the Eastern District of Michigan adopted a "model" plan for all cases. the model plan requires court permission to sell the asset. If your case was filed under a previous plan, you may not... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: Do I need a lawyer for Bankruptcy one that also includes years of unfilled tax returns both federal and state.
David W Brown
David W Brown
answered on May 27, 2015

Typically filing a bankruptcy with an attorney is advisable. Depending on the amounts of tax liability you may want to consider a Chapter 13 (repayment bankruptcy). should you file a Chapter 7 bankruptcy the amounts owing on unfiled returns would be non-dischargeable, meaning that the bankruptcy... View More

1 Answer | Asked in Bankruptcy for Michigan on
Q: When 7 years have passed after a chapter 7 bankruptcy, how will I be notified? Will I need to do anything?
Robert Keyes
Robert Keyes
answered on Nov 20, 2014

You are notified of anything. BTW it is now 8 years between Ch. 7 filings. Not sure what you mean "Will I need to do anything."

1 Answer | Asked in Bankruptcy for Michigan on
Q: I am having trouble refinancing my 1st &2nd mortgage after bankruptcy discharge. Do I need to reaffirm the mortgages?

The bank said I was approved, then said due to my bankruptcy they couldn,t help me! January will be 5 years and no one will give me any credit, I need to lower my payments on my mortgage.

Robert Keyes
Robert Keyes
answered on Nov 20, 2014

You cannot reaffirm a mortgage after you case is closed. Try different lenders. You should be able to get a new loan based on your credit history since discharge.

1 Answer | Asked in Bankruptcy for Michigan on
Q: can I file bankruptcy and still keep my home?
Robert Keyes
Robert Keyes
answered on Nov 20, 2014

Yes, but it is a complicated question.

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